Know your rights this Christmas

DURING the silly season consumers are prone uncontrolled spending but impulse buying can leave you out of pocket.

While retailers aren't obligated to allow you to return unwanted goods, under certain circumstances you will be allowed to take gifts back to the shop and get your money back.

The Office of Fair Trading has some advice. Take a look at their 12 Christmas shopping tips before you head off on a spending spree.

1. Presents

When buying presents, always keep receipts just in case there is a problem and they need to be returned.

Do check presents to see that they are in working order as soon as you've brought them rather than wrapping them up immediately, as faulty goods should always be returned as soon as possible after purchase.

There is no legal right to a refund or replacement if an item is an unwanted present. The main exceptions are if the seller specifically agreed to a refund or exchange on return of the goods and for certain home shopping purchases which can be cancelled from the day on which the contract is concluded until seven clear working days after receipt of the goods.

Check whether you have any additional rights, over and above your legal rights, under the seller's 'goodwill policy'.

2. Goodwill policies

Christmas is the season of goodwill, and many shops have 'goodwill policies' of their own. This means the retailer will provide a 'no quibble' refund (often valid for three, six or 12 months) or allow you to exchange goods within a specified period, even if they are not faulty.

Check with the shop if it has a goodwill policy before you buy, particularly if you are buying the item for someone else. This will help prevent problems if the goods aren't suitable.

3. Sales of Goods Act

The Sales of Goods Act says goods must be:

• 'of satisfactory quality' which means standards that a reasonable person would regard as acceptable, bearing in mind the way they were described, what they cost and any other relevant circumstances

• 'fit for their purpose,' which includes any particular purpose mentioned by you to the seller, for example, if you buy a computer game and say to the trader that you want to play it on a particular console, it must be compatible.

• 'as described' on the package, display sign or by the seller – for example, a jumper described as cashmere mustn't be acrylic.

If goods aren't of satisfactory quality, fit for their purpose or as described, you have a right to return them and get your money back, provided you inform the shop you want to return the goods within a reasonable time.

While there is no set time limit, the quicker you report the problem, the easier it will be to obtain a refund. If you find the fault later, but still within 6 months of buying, you can usually still claim a free repair or replacement.

You are not obliged to accept a credit note, vouchers or the offer of a repair if goods are faulty or misdescribed and they are returned within a reasonable time.

With presents, usually it is the person who bought the goods who should take them back, but in practice it is normally proof of purchase - such as a receipt - that retailers will insist on.

While you have the same rights even if you lose the receipt, it is useful evidence of where and when you bought the goods, although credit or debit card statements could also be used as proof of purchase.

5. Manufacturers

Although the law says that it's up to the seller to deal with complaints about defective goods, you may have additional rights under manufacturers' guarantees. You are usually required to send off details such as your name and address and date of purchase to validate the guarantee so if you want this additional protection, make sure you have fulfilled all the necessary requirements.

6. Sales goods

Your rights apply equally to goods bought in a sale. You should ignore any signs which say otherwise as they have no legal effect. In fact, traders who do so can be prosecuted by trading standards officers.

Some sales goods can be reduced because of slight defects so check carefully. The seller is not obliged to give you your money back if you are complaining about faults pointed out prior to purchase, for example, on signs or labels.

Many people don't realise that gift vouchers are only valid for a certain time, typically twelve months from the date of purchase, and they're not normally exchangeable for cash.

You may be offered vouchers when returning faulty goods, but you don't have to accept them, as among other remedies, you may be entitled to a cash refund. It's your choice.

8. Second-hand goods

When you buy on the High Street you have the same rights, but you must take into account that second-hand will not be of the same quality as brand new. Examine goods carefully before you buy.

So for example, you can still claim your money back or the cost of repairs if the goods are faulty, unless the faults are the wear and tear normally to be expected with second-hand goods or were pointed out to you or were obvious when you agreed to buy the goods.

You have fewer rights when you buy privately. In a private sale, the goods must only be 'as described', and don't need to be 'of satisfactory quality' or 'fit for their purpose'.

9. Home shopping

If you buy goods or services from a catalogue, on the internet or by any other form of 'distance selling', generally speaking, you additionally have the right to:

• clear information before placing an order

• written information about a purchase, including a description of the goods, the price and any delivery charges

• a cancellation period during which an order can be cancelled without any reason and a full refund made - this typically lasts for up to seven clear working days after receipt of the goods, however, the cancellation right will be longer if the written information is not provided. There are some exceptions, for example, if you remove the packaging on CDs, DVDs or computer games.

• a full refund if goods or services are not provided by an agreed date or not provided within 30 days, beginning with the day after sending an order, if no date was agreed.

If you have brought goods on a credit card and the item is more that £100 (and not greater than £30,000) both the supplier and the credit provider have the same liability to you if the goods are faulty or they were misrepresented.

This means if the supplier goes bankrupt before you receive the goods, you can make the same claim against the credit provider that you would have brought against the supplier.

11. Amazing offers

Be wary of offers that seem too good to be true - they probably are. Misleading advertisements or sales pitches may include false promises about what products can do, conceal or leave out important facts or create a false impression in some way.

Use your common sense - ask questions and ask to see the goods. Do consider whether you'll be able to easily contact the seller if there is a problem. Don't rush into a purchase you might regret.

12. Complaining

If a product is not to your satisfaction, go back to the seller, with proof of purchase. Keep calm and be sure of your facts. If you are not satisfied, write a letter of complaint to the company's head office, consumer complaints department or Chairman.

Persevere, as you may need to send a follow-up letter. If this fails, contact your local Trading Standards Department, Consumer Direct or your local Citizens Advice office.